Legal Opinion

People v. Central Railroad

Supreme Court of the United States

Decided January 22, 1872PublishedCited by 16 opinions

This was ’a motion to dismiss, for want of jurisdiction, a. writ of error to the Supreme Court of New York; the case being- thus: In 1833 an agreement was made between New York and New Jersey, relative to the boundary lino between the two States, to which Congress gave its assent by an act approved June 28th, 1834. The subject of the agreement was “all the waters of the bay of New York, . . . and all the waters of the Hudson River lying west of Manhattan Island, and to the…

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This was ’a motion to dismiss, for want of jurisdiction, a. writ of error to the Supreme Court of New York; the case being- thus: In 1833 an agreement was made between New York and New Jersey, relative to the boundary lino between the two States, to which Congress gave its assent by an act approved June 28th, 1834. The subject of the agreement was “all the waters of the bay of New York, . . . and all the waters of the Hudson River lying west of Manhattan Island, and to the south of the mouth of Spuyteu Duyvel Creek, and of the lands covered by the said waters to the low water-mark on the…

1Opinion of the Court

The CHIEF JUSTICE:

We think that the statement of the case shows that the question arose under the agreement and not under any act of Congress. The assent of Congress did not make the act giving it a statute of the United States, in the sense of the 25th section of the Judiciary Act. The construction of the act was in no way drawn in question, nor has any title or right been set up under it and denied ■by the State court. It had no effect beyond giving the consent. of Congress to the compact between the two States.

The writ of error must, therefore, be

Dismissed.

2Cited by16 opinions

  1. Cuyler v. AdamsSupreme Court of the United States · 1981
  2. Hinderlider v. La Plata River & Cherry Creek Ditch Co.Supreme Court of the United States · 1938
  3. People Ex Rel. Younger v. County of El DoradoCalifornia Supreme Court · 1971
  4. Port Authority Bondholders Protective Committee, Henry W. Klein, Alvin S. Lane, Adele W. Ginsberg and Morris L. Lewy v. Port of New York AuthorityCourt of Appeals for the Second Circuit · 1967
  5. Delaware River Joint Toll Bridge Commission v. ColburnSupreme Court of the United States · 1940

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